James Reilly (Dublin North, Fine Gael) | Oireachtas source

To provide clarity for Senators on what is being discussed, the following question was submitted to the Committee of Ministers of the Council of Europe: "What specific steps will the Committee of Ministers take in order to guarantee that foetuses who survive abortions are not deprived of the medical treatment that they are entitled to - as human persons born alive - according to the European Convention on Human Rights?"

The Protection of Life During Pregnancy Act 2013 requires that the treating doctor must always consider the possibility of preserving the life of the unborn. Therefore the legislation clearly requires that unborn human life must be saved, where this is possible, without compromising the right to life of the woman. In cases of early induction, the neonate must receive the necessary care in accordance with clinical guidelines and best practice. Our response will reflect this extremely clear position.

An initial reply was circulated in May and it was in line with Article 40.3.3 of the Constitution and the Protection of Life During Pregnancy Act 2013. A new draft reply, reflecting the views received by some delegations, was circulated by the secretariat for comments. My officials have considered the revised draft and have submitted views on it to the Department of Foreign Affairs and Trade. If there are no further amendments, the draft reply will be formally put to the Committee of Ministers for agreement on 9 July. If consensus is not reached, consideration will likely be deferred until a later date.

As the House is aware, the Government's position on this matter is extremely clear. Article 40.3.3 of the Constitution states: "The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its law to respect and, as far as practicable, by its laws to defend and vindicate that right." The written question was submitted to the Committee of Ministers of the Council of Europe by a member of the Parliamentary Assembly of the Council of Europe. As such, it is for the Committee of Ministers' deputies, which comprises the permanent representatives of all Council of Europe member states, to agree a reply. We will be advising our permanent representation in Strasbourg of our response through the Department of Foreign Affairs and Trade and it will report back to the Committee of Ministers.